Response to Office Action

PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1957

Approved for use through 11/30/2023. OMB 0651-0050

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 90123714 ENVO(Standard Characters, see http://uspto.report/TM/90123714/mark.png) has been amended as follows:

CLASSIFICATION AND LISTING OF GOODS/SERVICES

Applicant proposes to amend the following:

Current:
Class 012 for Vehicles, namely, electric delivery tricycles and cycles in the nature of bicycles, tricycles, ebikes and etrikes; Motor scooters; Mobility scooters; Motorized mobility scooters; Non-motorized push scooters; Motorized personal mobility scooters; Electrically-powered motor scooters; Motor scooters and structural parts therefor; Push scooters and structural parts therefor; Storage racks specially adapted for mobility scooters; Electric bicycles; Folding electric bicycles; Motorized bicycles; Mountain bicycles; Snowmobiles and structural parts therefor; Bicycles, bikes, bikes with an auxiliary motor, electric bicycles, folding bikes, mopeds, electric mopeds, motorcycles, electric motorcycles, motorcycles with alternative power source; cars, cars with alternative power source, electric cars; electric motors for bicycles, bike accessories, namely, bicycle bags, bicycle saddles; Electric scooter conversion kits for making structural changes to the scooter; Ski bikes; Snow bikes; Snow scooters; Motor sleds; self-propelled utility vehicles for snow removal; Velomobile bodies, namely, specially adapted for weather protection shells for use on bicycles, scooters and adult tricycles; Self balancing electric scooters; enclosure for small vehicles; operator enclosures for vehicles and component parts therefor; Light aircraft; All-Terrain Land Vehicles (ATVs); Electrically-powered skateboards; Wheelchairs; adaptive mobility scooters; Self-driving mobility robots for indoor use; Water bikes; Kayaks; Boats; Recreational watercraft, namely, kayaks, canoes, paddleboards, pedal boats, fishing boats and dinghies; jetski
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/25/2016 and first used in commerce at least as early as 11/25/2016 , and is now in use in such commerce.


Proposed:

Tracked Text Description: Vehicles, namely, electric delivery tricycles and cycles in the nature of bicycles, tricycles, ebikes and etrikes; Motor scooters; Mobility scooters; Motorized mobility scooters; Non-motorized push scooters; Motorized personal mobility scooters; Electrically-powered motor scooters; Motor scooters and structural parts therefor; Push scooters and structural parts therefor; Storage racks specially adapted for mobility scooters; Electric bicycles; Folding electric bicycles; Motorized bicycles; Mountain bicycles; Snowmobiles and structural parts therefor; Bicycles, bikes, bikes with an auxiliary motor, electric bicycles, folding bikes, mopeds, electric mopeds, motorcycles, electric motorcycles, motorcycles with alternative power source; Bicycles, namely mini bikes, bicycles with an auxiliary motor, electric bicycles, folding bikes, mopeds, electric mopeds, motorcycles, electric motorcycles, motorcycles with alternative power source; cars, cars with alternative power source, electric cars; electric motors for bicycles, bike accessories, namely, bicycle bags, bicycle saddles; electric motors for bicycles, bike accessories, namely, fitted bicycle covers, bicycle saddles; Electric scooter conversion kits for making structural changes to the scooter; Electric scooter conversion kits for making structural changes to the scooter, namely, battery, LCD Controller system, Geared hub motor; Ski bikes; Snow bikes; Snow scooters; Motor sleds; Self-propelled utility terrain vehicles (UTVs) for snow removal; self-propelled utility vehicles for snow removal; Velomobile bodies, namely, specially adapted for weather protection shells for use on bicycles, scooters and adult tricycles; Self balancing electric scooters; Light aircraft; enclosure for small vehicles; All-Terrain Land Vehicles (ATVs); operator enclosures for vehicles and component parts therefor; Electrically-powered skateboards namely, electronically motorized skateboards; Wheelchairs; Adaptive mobility scooters; Electrically-powered skateboards; Self-driving mobility robots in the nature of robotic transport vehicles for indoor use; Water bikes; Kayaks; Self-driving mobility robots for indoor use; Boats; Recreational watercraft, namely, kayaks, canoes, paddleboards, pedal boats, fishing boats and dinghies; personal jet boats; jetskiClass 012 for Vehicles, namely, electric delivery tricycles and cycles in the nature of bicycles, tricycles, ebikes and etrikes; Motor scooters; Mobility scooters; Motorized mobility scooters; Non-motorized push scooters; Motorized personal mobility scooters; Electrically-powered motor scooters; Motor scooters and structural parts therefor; Push scooters and structural parts therefor; Storage racks specially adapted for mobility scooters; Electric bicycles; Folding electric bicycles; Motorized bicycles; Mountain bicycles; Snowmobiles and structural parts therefor; Bicycles, namely mini bikes, bicycles with an auxiliary motor, electric bicycles, folding bikes, mopeds, electric mopeds, motorcycles, electric motorcycles, motorcycles with alternative power source; cars, cars with alternative power source, electric cars; electric motors for bicycles, bike accessories, namely, fitted bicycle covers, bicycle saddles; Electric scooter conversion kits for making structural changes to the scooter, namely, battery, LCD Controller system, Geared hub motor; Ski bikes; Snow bikes; Snow scooters; Self-propelled utility terrain vehicles (UTVs) for snow removal; Velomobile bodies, namely, specially adapted for weather protection shells for use on bicycles, scooters and adult tricycles; Self balancing electric scooters; Light aircraft; All-Terrain Land Vehicles (ATVs); Electrically-powered skateboards namely, electronically motorized skateboards; Wheelchairs; Adaptive mobility scooters; Self-driving mobility robots in the nature of robotic transport vehicles for indoor use; Water bikes; Kayaks; Boats; Recreational watercraft, namely, kayaks, canoes, paddleboards, pedal boats, fishing boats and dinghies; personal jet boats
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 11/25/2016 and first used in commerce at least as early as 11/25/2016 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 012. The specimen(s) submitted consists of Specimens show the physical store display of goods. Specimens further show online sales of good in USDs..
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen].
JPG file(s):Specimen File1Specimen File2Specimen File3
Original PDF file:
SPU0-49205228210-20210308 132133572750_._Specimen_4.pdf
Converted PDF file(s) ( 21 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10Specimen File11Specimen File12Specimen File13Specimen File14Specimen File15Specimen File16Specimen File17Specimen File18Specimen File19Specimen File20Specimen File21
Original PDF file:
SPU0-49205228210-20210308 132133572750_._Specimen_5.pdf
Converted PDF file(s) ( 22 pages) Specimen File1Specimen File2Specimen File3Specimen File4Specimen File5Specimen File6Specimen File7Specimen File8Specimen File9Specimen File10Specimen File11Specimen File12Specimen File13Specimen File14Specimen File15Specimen File16Specimen File17Specimen File18Specimen File19Specimen File20Specimen File21Specimen File22


Webpage URL: http://envodrive.com/product/envo-electric-snowbike-kit/
Webpage Date of Access: 02/05/2021
Webpage URL: http://envodrive.com/product/envo-st-2020/
Webpage Date of Access: 02/05/2021

ADDITIONAL STATEMENTS
Significance of wording, letter(s), or numeral(s)
"ENVO" appearing in the mark has no significance nor is it a term of art in the relevant trade or industry or as used in connection with the goods/services/collective membership organization listed in the application, or any geographical significance.


Significance of wording, letter(s), or numeral(s)
The word(s) "ENVO" has no meaning in a foreign language.


Miscellaneous Statement
Examiner has mentioned: "Registration is refused because the specimen is not acceptable as a webpage specimen; it lacks the required date printed or accessed". In response Applicant herein submits a verified statement, in a signed declaration under 37 C.F.R. 2.20, specifying the URL of the original webpage specimen and the date it was accessed or printed. Examiner has additionally asserted that an Applicant's specimens of record appear to show use in commerce in Canada as opposed to use in commerce that can be regulated by the U.S. Congress. In response to this objection, a verified statement that "the mark is in use in commerce that can be regulated by the U.S. Congress" is being submitted by Applicant herewith. Further, Applicant is providing additional information and supporting documents in support to applicant's goods use in commerce that may be lawfully be regulated by the U.S. Congress.

JPG file(s):Miscellaneous File1Miscellaneous File2
Original PDF file:
mis-49205228210-202103081 32133572750_._Declaration _under_37_C.F.R.__2.20.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_.__support_to _commerce_that_may_lawful ly_be_regulated_by_the_U.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_._Bend_Electr ic_Bikes_-SL.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_._Bend_Electr ic_Bikes_-PS.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_._Bend_Electr ic_Bikes_-INV.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_._Christopher _Klee_-SL.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_._Christopher _Klee_-PS.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_._Christopher _Klee_-INV.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 32133572750_._Bria2019-EN VO.pdf
Converted PDF file(s) ( 2 pages) Miscellaneous File1Miscellaneous File2
Original PDF file:
mis-49205228210-202103081 32133572750_._bria.2020-E NVO.pdf
Converted PDF file(s) ( 4 pages) Miscellaneous File1Miscellaneous File2Miscellaneous File3Miscellaneous File4
Original PDF file:
mis-49205228210-202103081 32133572750_._Bria.yrc.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Original PDF file:
mis-49205228210-202103081 41515957476_._VERIFIED_ST ATEMENT.pdf
Converted PDF file(s) ( 1 page) Miscellaneous File1
Correspondence Information (current):
      FELIX ARTURO GONZALEZ
      PRIMARY EMAIL FOR CORRESPONDENCE: GONZALEZ@THEGONZALEZLAWOFFICE.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Info@ebikebc.com
Correspondence Information (proposed):
      FELIX ARTURO GONZALEZ
      PRIMARY EMAIL FOR CORRESPONDENCE: GONZALEZ@THEGONZALEZLAWOFFICE.COM
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): Info@ebikebc.com

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /Ali Kazemkhani/      Date: 03/09/2021
Signatory's Name: Ali Kazemkhani
Signatory's Position: CEO
Signatory's Phone Number: +1-6044453388

Signature method: Signed directly within the form

Response Signature
Signature: /Ali Kazemkhani/     Date: 03/09/2021
Signatory's Name: Ali Kazemkhani
Signatory's Position: CEO

Signatory's Phone Number: +1-6044453388 Signature method: Signed directly within the form

The signatory has confirmed that he/she is not represented by an authorized attorney, and that he/she is either: (1) the owner/holder; or (2) a person or persons with legal authority to bind the owner/holder; and if he/she had previously been represented by an attorney in this matter, either he/she revoked their power of attorney by filing a signed revocation with the USPTO or the USPTO has granted this attorney's withdrawal request.

Mailing Address:    FELIX ARTURO GONZALEZ
   
   
   601 W SANTA FE AVENUE, APT.# 105R
   PLACENTIA, California 92870
Mailing Address:    FELIX ARTURO GONZALEZ
   601 W SANTA FE AVENUE, APT.# 105R
   PLACENTIA, California 92870
        
Serial Number: 90123714
Internet Transmission Date: Mon Mar 08 14:45:00 ET 2021
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202103081445006
25795-90123714-770d4d11682e64e24c54709ea
3cd211f961ba79cd06a73a976e62af8d97fff0-N
/A-N/A-20210308144331682492